(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE JURY:
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(PROCEEDINGS NOT PART OF THE PUBLIC RECORD.)
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.
I NOTICED IN THIS MORNING’S SESSION A NUMBER OF YOU WERE PUTTING ON JACKETS AND EVERYTHING BECAUSE IT’S COOL. YOU SHOULD KNOW THAT I HAVE VIRTUALLY DAILY MEETINGS WITH MAINTENANCE ABOUT KEEPING THE COURTROOM COOL, ESPECIALLY NOW THAT THE WEATHER IS FINALLY SAN DIEGO NICE WEATHER. AND WHAT WE HAVE AGREED IS THEY’RE GOING TO KEEP IT ON MAXIMUM. AND PART OF THE REASON IS, WITHOUT CASTING ASPERSIONS AT ALL THE PEOPLE IN THE AUDIENCE, THERE’S A LOT OF BODY HEAT IN THIS COURTROOM; AND, AS A RESULT, THAT CAUSES THE FLUCTUATION IN THE TEMPERATURE IN HERE. SO WE ARE JUST GOING TO KEEP IT AS COLD AS THE COOLERS WILL ALLOW IT. SO YOU MAY WANT TO DRESS WITH THE LAYERED LOOK BECAUSE HOPEFULLY IT WILL STAY NICE AND COOL THROUGHOUT THE TRIAL.
OKAY. MR. FELDMAN.
MR. FELDMAN: THANK YOU.

TANYA DULANEY, RESUMED

CROSS-EXAMINATION, CONTINUED
BY MR. FELDMAN:Q: GOOD AFTERNOON.A: GOOD AFTERNOON.Q: I WOULD LIKE TO DIRECT YOUR ATTENTION NOW TO I THINK I WAS JUST MOVING DOWN THE LIST SOME OF THE EVIDENCE.A: OKAY.Q: I THINK I WAS DISCUSSING WITH YOU, AND IF NOT, I WOULD LIKE TO DIRECT YOUR ATTENTION TO ITEM 81D. ONCE AGAIN THAT REFERS TO ONE OF YOUR TAPE LIFTS, IS THAT RIGHT?A: THAT’S CORRECT.Q: AND IT SAYS ANIMAL HAIRS, CORRECT?A: DO YOU HAVE A NOTE PAGE THERE?Q: I HAVE 3,087. ARE WE IN DIFFERENT — ARE YOU NOT SYNCHRONIZED THAT WAY?A: NO. IT WAS 81D DID YOU SAY?Q: YES, MA’AM.A: YES. I HAVE IT.Q: IT SAYS ANIMAL HAIRS, IS THAT RIGHT?A: CORRECT.Q: YOUR ITEM 81E, IS THAT ANIMAL HAIRS OR ANIMAL FIBERS?A: IT SHOULD HAVE BEEN ANIMAL HAIRS.Q: OH. IT SAYS ANIMAL FIBERS.A: THAT’S CORRECT.Q: SO THIS IS A MISTAKE?A: YES.Q: IS IT IN YOUR NOTES OR IS IT IN YOUR REPORT?A: IT’S IN MY NOTES.Q: DID YOU CALL IT TO ANYBODY’S ATTENTION THAT THERE WAS A MISTAKE IN YOUR NOTES?A: NO. IT’S JUST BEEN BROUGHT TO MY ATTENTION RIGHT NOW.Q: SO THIS IS THE TIME — HOW MANY HOURS WOULD YOU ESTIMATE YOU SPENT WORKING THIS CASE PRIOR TO TODAY, MA’AM?A: WELL, I’VE ONLY WORKED ON THIS CASE SINCE FEBRUARY 3RD, ROUGHLY. SO ALL OF MY TIME HAS BEEN ON THIS CASE.Q: SO YOU HAVE BEEN FULL TIME SINCE FEBRUARY 3?A: YES.Q: AND THIS IS THE FIRST TIME — HAVE YOU REVIEWED YOUR NOTES OR REVIEWED YOUR REPORTS FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THEY CONTAIN OTHER INACCURACIES?A: YES, I HAVE.Q: DO THEY CONTAIN ANY OTHER INACCURACIES?A: I THINK I DID NOTICE A COUPLE ERRORS IN SOME OF MY NOTES IN OTHER LOCATIONS.Q: HAVE YOU CALLED THOSE ERRORS IN YOUR NOTES TO ANYONE’S ATTENTION?A: NO. I MARKED THEM ON MY COPIES OF MY NOTES, THOUGH.Q: CAN YOU SHOW ME, PLEASE?A: I DON’T KNOW SPECIFICALLY WHERE THEY ARE.
(PAUSE.)Q: LET ME ASK YOU THIS, THEN, SO WE DON’T DO THIS IN FRONT OF THE JURY. DO YOU THINK YOU CAN RETRIEVE THOSE AT A BREAK AND COMMUNICATE THEM TO MR. CLARKE OR MR. DUSEK?A: YES, I CAN.Q: WOULD THAT PROBABLY BE MORE EXPEDITIOUS, WOULDN’T YOU THINK?A: YES.Q: DIRECTING YOUR ATTENTION, MA’AM, TO ITEM 81, AGAIN IT SAYS DEBRIS ON A TOWEL AND ANIMAL HAIR. DO YOU SEE THAT?A: WHICH TAPE LIFT?Q: WELL, I’M SORRY, IT LOOKS TO BE AFTER E AND BEFORE 82. THAT’S THE BEST MY NOTES ARE SHOWING.A: YES.Q: OKAY.
YOU FOUND IT?A: YES.Q: WHAT’S THE DEBRIS?A: IT WAS ONCE I LAID THE TOWEL OUT ON A PIECE OF EXAM. PAPER, IT WAS THE DEBRIS THAT WAS LEFT OVER WHEN I WAS FINISHED WITH THE EXAM., SO I COLLECTED UP THAT DEBRIS AND LOOKED AT IT.Q: NOW, THAT TOWEL, THAT WAS OVER IN THE MOTOR HOME, RIGHT?A: THAT’S CORRECT.Q: AND THAT WAS THE TOWEL THAT WAS NEXT TO THE BATHROOM, IS THAT RIGHT?A: NO. THAT TOWEL WAS ACTUALLY IN THE DOORWAY OF THE MOTOR HOME WHEN YOU ENTERED FROM THE SIDE.Q: OKAY.
DID YOU NOTICE ANY BLOOD ON IT?A: NO, I DIDN’T.Q: I THINK YOU TOLD US, BUT I DON’T REMEMBER THE EXHIBIT NUMBER, THAT THERE WAS A TOWEL NEAR THE BATHROOM IN THE MOTOR HOME. DO YOU RECALL THAT?A: YES.Q: WITH REGARD TO THAT TOWEL, DID YOU INSPECT IT FOR BLOOD?A: YES, I DID.Q: DID YOU FIND ANY?A: NO, I DIDN’T.Q: AND THAT WAS THE TOWEL THAT WAS ON TOP OF THE CARPET, IS THAT RIGHT?A: THAT’S RIGHT.Q: DIRECTING YOUR ATTENTION TO ITEM 82, A THROUGH D. YOU NOTE THE ADDITION OF ADDITIONAL ANIMAL HAIRS, IS THAT RIGHT?A: YES.Q: AND YOU NOTE 80C AS BETWEEN THE DRIVER’S SEAT AND DOOR AS POSSIBLY AN ANIMAL HAIR, IS THAT RIGHT?A: WE’RE NOT TALKING ABOUT 82 NOW?Q: I’M SHOWING IT AS 80C.A: NO. 80C IS ACTUALLY A BLOND HAIR THAT WAS COLLECTED FROM THE DRIVER’S-SIDE FOOTWELL.Q: AGAIN I’M SORRY, WHAT WAS THAT NUMBER?A: THERE WAS 80C.Q: DIRECTING YOUR ATTENTION TO ITEM 80C, YOU NOTE THAT THAT’S POSSIBLY AN ANIMAL HAIR, RIGHT?A: NO.Q: OKAY.A: MAYBE YOU JUST CAN’T READ MY NOTES. IT SAYS POSSIBLY A PUBIC HAIR.Q: DIRECTING YOUR ATTENTION — I THINK WHAT IT IS IS YOU’VE GOT IT LISTED AS 80B. YOU NOTED DID YOU NOT, TAPE LIFTS THAT WERE COLLECTED AND THAT YOU NOTED ONE WHITE HAIR BETWEEN THE DRIVER’S SEAT AND DOOR ON THE FLOOR, POSSIBLY AN ANIMAL HAIR. THAT’S WHAT YOU WROTE, ISN’T THAT TRUE?A: WAS THIS — WOULD YOU REFER ME TO THE REPORT.Q: SURE.
I’M SHOWING YOU A PIECE OF PAPER THAT IN MY DISCOVERY IS MARKED 3,072. DO YOU RECOGNIZE THIS AS YOUR HANDWRITING, MA’AM?A: YES, I DO. OKAY.Q: WE’RE ON THE SAME PAGE AGAIN?A: YES, WE ARE.Q: NOW I’M SPECIFICALLY DIRECTING YOUR ATTENTION TO — I’M MARKING ON MINE SO YOU SEE IT AND I SEE IT ON YOURS.A: M-HM.Q: AND YOU INDICATED I NOTED ONE WHITE HAIR. I’M SORRY. IS THAT WORD WAVY?A: YES.Q: BETWEEN DRIVER’S SEAT AND DOOR ON FLOOR. PERIOD. CORRECT?A: YES.Q: POSSIBLY AN ANIMAL HAIR, CORRECT?A: YES. THAT’S WHAT I WROTE. THAT’S CORRECT.Q: AND THAT’S WHAT IT WAS, RIGHT?A: NO. IT TURNED OUT ON FURTHER EXAMINATION THAT IT WAS NOT AN ANIMAL HAIR.Q: WHAT WAS IT?A: IT WAS A HUMAN HAIR. AND IT APPEARED TO BE A PUBIC HAIR.Q: DID YOU HAVE THAT D.N.A.’D?A: I DON’T BELIEVE SO.Q: COULD YOU TELL WHETHER IT WAS A MAN OR WOMAN’S?A: NO.Q: LIGHT OR DARK?A: I BELIEVE IT WAS LIGHT.Q: IT’S FAIR TO SAY THAT YOU FOUND A SIGNIFICANT NUMBER OF ANIMAL HAIRS THROUGHOUT THE MOTOR HOME, IS THAT RIGHT?A: YES, THAT’S CORRECT.Q: BUT YOU SELECTED OUT, CONSCIOUSLY MADE DECISIONS TO SELECT OUT ONLY CERTAIN HAIRS TO SEND OFF FOR FURTHER ANALYSIS, THAT’S CORRECT?A: THAT’S CORRECT.Q: SIMILARLY WITH REGARD TO OTHER AREAS THAT YOU PARTICIPATED IN THE INVESTIGATION OF OR AT LEAST THE ATTEMPT TO SEIZE TRACE EVIDENCE FROM, DID YOU LOOK THROUGH THE CLOTHING THAT WAS CONTAINED ON THE WASHER/DRYER?A: YES, I DID.Q: AND YOU SEIZED ANIMAL HAIRS FROM THERE, IS THAT CORRECT?A: YES, I DID.Q: THOSE WERE THE ITEM 53 SEQUENCE THAT MR. CLARKE WAS MAKING REFERENCE TO, IS THAT CORRECT?A: I WOULD HAVE TO REFER TO MY NOTES ON ITEM 53. I BELIEVE HE WAS SPEAKING ABOUT HUMAN HAIRS, BUT I WOULD HAVE TO CHECK TO BE SURE.Q: PLEASE.A: (PAUSE.)Q: YOU KNOW, LET ME RESTATE TO YOU EVIDENCE ITEM 53 IF IT HELPS YOU ANY. IT IS DESCRIBED AS ONE WHITE MATTRESS PAD, TWO BLUE-AND-WHITE-STRIPED PILLOWS WITH BROWN, TAN, OFF-WHITE, YELLOW, AND ORANGE SUNSET-PATTERNED PILLOWCASES ON THEM.A: RIGHT. I’M JUST TRYING TO FIND IT ON MY NOTES. ON MY REPORT I JUST TALKED ABOUT HUMAN HAIRS. SO I JUST WANT TO DOUBLE-CHECK MY NOTES THAT THERE WEREN’T ANY ANIMAL HAIRS THAT I WASN’T. . .Q: YOUR REPORT ONLY SPEAKS TO HUMAN HAIRS AND DIDN’T ADDRESS ANIMAL HAIRS.A: RIGHT.Q: WHY IS THAT?A: BECAUSE ON THE REPORT I WAS ONLY REPORTING THE ANIMAL HAIRS THAT WERE SIGNIFICANT IN TERMS OF POSSIBLE TRANSFER FROM THE VAN DAMS’ ENVIRONMENT.Q: I THOUGHT YOU JUST TOLD ME IN YOUR REPORT YOU ONLY REFERRED TO HUMAN HAIRS AND DID NOT REFERENCE ANIMAL HAIRS. AM I MISUNDERSTANDING?A: NO. I’M TALKING REGARDING ITEM 53 ONLY.Q: OKAY.
NOW I WANT TO DIRECT YOUR ATTENTION TO 53. AS TO THE ANIMAL HAIRS.A: OKAY.Q: AND YOU GOT IT APPEARS TO BE A SERIES OF BETWEEN SEVEN AND EIGHT LIFTS. I JUST CAN’T TELL.A: OKAY.Q: I CAN SHOW YOU MY PAGES IF THAT HELPS YOU.A: I HAVE IT NOW.Q: YOU GOT IT?A: YES. GOT TO GET TO THE TAPE LIFTS. OKAY.Q: ALL RIGHT?
FIRST OF ALL, DIRECTING YOUR ATTENTION TO 53A, YOU NOTED SEVERAL BROWN HAIRS, IS THAT RIGHT?A: YES.Q: SOME BLUE CARPET FIBERS.A: RIGHT.Q: A COLORLESS — SAY COLORLESS FIBERS?A: M-HM. YES.Q: ANIMAL HAIRS NOT SIMILAR TO VICTIM’S DOG, IS THAT RIGHT?A: YES.Q: SO, IN OTHER WORDS, YOU FOUND HAIRS THAT ESSENTIALLY EXCLUDED THE POSSIBILITY THAT LAYLA’S HAIR WAS THERE, IS THAT RIGHT?
MR. CLARKE: OBJECTION. VAGUE.
THE COURT: SUSTAINED.
REPHRASE IT.
MR. FELDMAN: SURE.
BY MR. FELDMAN:Q: SPECIFICALLY DIRECTING YOUR ATTENTION TO ITEM 53A, NUMBER 1, OFF THE BLUE BLANKET, YOU NOTED ANIMAL HAIRS PRESENT, AND YOU STATED NOT SIMILAR TO VICTIM’S — V’S DOG, VICTIM’S DOG, IS THAT RIGHT, MA’AM?A: THAT’S RIGHT.Q: THAT MEANS THAT YOU DIDN’T INCLUDE LAYLA AS BEING A POSSIBLE DONOR, IS THAT RIGHT?A: FOR THOSE SPECIFIC HAIRS, YES.Q: OKAY.
DID YOU NOTE IN ANY REPORT YOUR SERIES OF EXCLUSIONS?A: NO.
MR. CLARKE: OBJECTION. VAGUE.
THE COURT: OVERRULED.
SHE’S ANSWERED NO.
BY MR. FELDMAN:Q: SO WITH REGARD TO 53A-2, YOU NOTED SOME ADDITIONAL ANIMAL HAIRS NOT SIMILAR TO THE VICTIM’S DOG, CORRECT?A: CORRECT.Q: AND YOU NOTED IN 53A, TAPE LIFT 3, A BLUE BLANKET, ANIMAL HAIRS NOT SIMILAR TO THE VICTIM’S DOG, CORRECT?A: CORRECT.Q: SIMILARLY, 53A-4, NUMEROUS ANIMAL HAIRS NOT SIMILAR TO VICTIM’S DOG, RIGHT?A: RIGHT.Q: BUT THOSE EXCLUSIONS ARE NOT CONTAINED IN ANY REPORT, CORRECT?A: THAT’S CORRECT.Q: BECAUSE YOU WERE ONLY REPORTING OUT EVIDENCE THAT IMPLICATED MR. WESTERFIELD?
MR. CLARKE: OBJECTION. VAGUE AND ARGUMENTATIVE.
THE COURT: SUSTAINED ON BOTH GROUNDS.
/ / /
BY MR. FELDMAN:Q: DIRECTING YOUR ATTENTION TO ITEM 74, A BLUE CARPET FROM THE MOTOR HOME. YOU NOTED THE EXISTENCE OF MANY ANIMAL HAIRS, CORRECT?A: YES.Q: NONE SIMILAR TO THE VICTIM’S DOG, CORRECT?A: IN THE EXAMINATION OF THE DEBRIS FROM THE — THAT WAS SEPARATE FROM THE TAPE LIFTS.Q: I’M SORRY. I CAN’T TELL WHETHER YOU JUST AGREED WITH MY QUESTION OR DISAGREED.
MR. CLARKE: WELL, OBJECTION. WHAT DOES THAT MEAN? VAGUE.
THE COURT: YES.
MR. FELDMAN: ALL RIGHT.
BY MR. FELDMAN:Q: OKAY, LET ME ASK YOU AGAIN. DIRECTING YOUR ATTENTION TO ITEM 74, YOU SPECIFICALLY NOTE IT’S BLUE CARPET FROM THE MOTOR HOME, CORRECT?A: CORRECT.Q: AND IT INDICATES MANY ANIMAL HAIRS, NONE SIMILAR TO VICTIM’S DOG. CORRECT?A: IT’S IN THE EXAMINATION OF THE DEBRIS THAT’S LEFT OVER AFTER I COLLECTED THE TAPE LIFTS. THAT’S WHAT THAT REFERS TO.Q: OKAY.
THE DEBRIS SOURCED FROM —A: THE DEBRIS FROM THE CARPET, IT WAS SPREAD OUT ON A PIECE OF EXAM. PAPER, AND THEN ONCE IT WAS ROLLED UP, THERE’S DEBRIS LEFT ON IT. SO I POURED THAT ALL IN A PETRI DISH AND EXAMINED ALL THAT DEBRIS.Q: SO THERE WERE MANY HAIRS THERE, IS THAT RIGHT?A: YES.Q: NONE OF THEM SIMILAR TO THE VICTIM’S DOG.A: THERE WERE NO SIMILAR HAIRS IN THAT DEBRIS TO THE VICTIM’S DOG, THAT’S CORRECT.Q: BUT THEY WERE ALL ANIMAL HAIRS.A: YES.Q: AND WHEN YOU USE THE WORD MANY, THAT’S AS MANY AS A HUNDRED, IS THAT RIGHT?A: (NO RESPONSE.)Q: AT LEAST THAT’S WHAT YOU TOLD US THIS MORNING, RIGHT?A: DID I SAY A HUNDRED? I’LL GO WITH A HUNDRED.Q: ALL RIGHT.
SO THAT MEANS THAT IT LOOKS AS THOUGH THERE WAS A LOT OF DOGS IN THAT MOTOR HOME, DOESN’T IT, BASED ON YOUR OBTAINING AT LEAST A HUNDRED ANIMAL HAIRS IN THAT ONE SMALL LOCATION, CORRECT?A: WELL, IT COULD BE ONE DOG THAT JUST LOST A LOT OF HAIRS.Q: DO YOU KNOW WHAT THE SHED RATES ARE OF DOGS? HAVE YOU SEEN ANY OF THOSE STUDIES?A: NO, I HAVEN’T.Q: SO YOU ARE GUESSING, IS THAT RIGHT?A: YES.Q: AS A SCIENTIST — YOU’RE A SCIENTIST, RIGHT?A: YES.Q: JUST GENERALLY IT’S NOT YOUR CUSTOM AND PRACTICE TO GUESS, IS IT?
MR. CLARKE: OBJECTION. I THINK THAT’S ARGUMENTATIVE, YOUR HONOR.
THE COURT: SUSTAINED IN THE WAY IT’S POSED. REPHRASE IT.
BY MR. FELDMAN:Q: IS IT CONSISTENT OR INCONSISTENT WITH THE SCIENTIFIC METHOD TO GUESS IN THE MANNER IN WHICH YOU JUST GUESSED?
MR. CLARKE: EXCUSE ME. OBJECTION. MISSTATES THE EVIDENCE.
THE COURT: SUSTAINED.
BY MR. FELDMAN:Q: YOU JUST TOLD ME YOU WERE GUESSING, IS THAT RIGHT?A: YES.Q: DIRECTING YOUR ATTENTION TO — I’M GOING TO SWITCH TOPICS. OKAY? I’M GOING TO GO TO HUMAN HAIRS FOR A MOMENT.
BEFORE I DO THAT, THOUGH, BASED ON — DID YOU DO ANY STUDY OF THE DOG HAIRS THAT YOU FOUND FOR THE PURPOSE OF DISCERNING HOW MANY DIFFERENT DOGS HAD BEEN INSIDE THAT VEHICLE BASED UPON DIFFERENCES IN THE HAIRS?A: NO, I DIDN’T.Q: AND WHY NOT?A: WELL, CERTAINLY THERE WAS TIME CONSTRAINTS.Q: HOW LONG DOES IT TAKE YOU TO DO THE MICROSCOPIC ANALYSES YOU WERE TELLING US ABOUT?A: TAKES ABOUT FIVE MINUTES PER HAIR.Q: I WOULD LIKE TO DIRECT YOUR ATTENTION NOW TO ITEM
67-1. 67-1 IS HAIR AND DEBRIS THAT WAS COLLECTED FROM THE SHOWER DRAIN OF THE MOTOR HOME. IS THAT RIGHT?A: YES, THAT’S CORRECT.Q: YOU SPECIFICALLY IDENTIFIED 67-1 AS A HAIR THAT OUGHT TO GET SENT OFF TO BODE, ISN’T THAT RIGHT?A: THAT’S CORRECT.Q: YOU KNOW IT CAME BACK NON-REPORTABLE, CORRECT?
MR. CLARKE: OBJECTION. I THINK COUNSEL IS ARGUING WITH THE WITNESS.
THE COURT: REPHRASE IT, AND I WILL ALLOW IT.
BY MR. FELDMAN:Q: ARE YOU AWARE THAT THE RESULTS DID NOT CONFIRM YOUR SUSPICION?A: YES.Q: SO THAT SHOWER DRAIN HAIR WHICH YOU INITIALLY THOUGHT MIGHT HAVE BELONGED TO DANIELLE VAN DAM TURNS OUT ON D.N.A. ANALYSIS NOT TO IMPLICATE, NOT TO BE DANIELLE VAN DAM’S.A: THAT’S CORRECT.Q: DIRECTING YOUR ATTENTION TO 67-2. 67-2 I GUESS IS THE SECOND LIFT YOU TOOK FROM THE SHOWER DRAIN. IS THAT CORRECT?A: NO. IT’S ACTUALLY A HAIR. THEY ARE SEPARATE HAIRS. IT WAS A COLLECTION OF HAIRS THAT WAS FROM THE SHOWER DRAIN.Q: AND THAT WAS A HAIR THAT YOU LOOKED AT APPARENTLY IN SOME MANNER AND CONCLUDED WAS NOT SIMILAR TO DANIELLE VAN DAM’S. IS THAT RIGHT?A: THAT’S CORRECT.Q: BUT WHAT COLOR WAS IT?A: IT WAS BLOND.Q: OH. SO DOES THAT MEAN THAT THERE WERE OTHER BLONDES IN THE MOTOR HOME?A: IT CERTAINLY LOOKS THAT WAY.Q: AND WITH REGARD TO OTHER BLONDES THAT MAY HAVE BEEN IN THE MOTOR HOME, DID YOU NOTICE ANY BLOND HAIRS THAT SHOWED ANY EVIDENCE OF HAIR TREATMENT?A: YES.Q: YOU DID?A: YES.Q: CAN YOU TELL ME WHERE IN THE MOTOR HOME YOU NOTICED BLOND HAIRS THAT SHOWED EVIDENCE OF HAIR TREATMENT?A: I DON’T RECALL SPECIFICALLY.Q: DID YOU CHECK THOSE HAIR-TREATED BLOND HAIRS AGAINST THE KNOWN STANDARDS OF BRENDA VAN DAM?A: ALL THE COLOR-TREATED HAIRS WERE NOT BLOND.Q: YOU TOLD ME THAT THERE WERE OR WAS A HAIR-TREATED — I’M SORRY — A BLOND HAIR-TREATED HAIR. COLOR-TREATED HAIR. IS THAT RIGHT?A: YES.Q: OKAY.
DID YOU COMPARE THAT HAIR AGAINST THE KNOWN HAIR STANDARDS OF BRENDA VAN DAM?A: NO, I DID NOT.Q: DIRECTING YOUR ATTENTION TO 67-3, THIS IS ANOTHER SHOWER DRAIN HAIR, IS THAT RIGHT, MA’AM?A: THAT’S RIGHT.Q: YOU NOTED THAT IT WAS SIMILAR IN COLOR, DIAMETER, ET CETERA, TO WHAT YOU WERE CONCERNED ABOUT. IS THAT RIGHT?A: THAT’S RIGHT.Q: YOU SENT IT OFF. YOU KNOW — YOU’RE AWARE NOW, ARE YOU NOT, THAT — WELL, STRIKE THAT.
YOU’RE AWARE THAT HAIR WAS SENT OFF FOR D.N.A. ANALYSIS, IS THAT RIGHT?A: THAT’S CORRECT.Q: AND YOU’RE AWARE THE RESULTS DO NOT IMPLICATE OR IDENTIFY DANIELLE VAN DAM AS BEING THE DONOR.A: THAT’S RIGHT.Q: SO THAT’S ANOTHER CIRCUMSTANCE WHERE YOU IDENTIFIED A HAIR THAT YOU THOUGHT MAY HAVE BEEN SIMILAR OR MAY HAVE SOME EVIDENTIARY VALUE BASED ON WHAT YOU WERE SCREENING FOR WAS SENT OFF TO D.N.A. LAB. AND YOU WERE WRONG.A: YES.
MR. CLARKE: EXCUSE ME. THE COUNSEL IS ARGUING WITH THE WITNESS.
THE COURT: HE IS.
THE JURY IS TO DISREGARD THE LAST ANSWER.
BY MR. FELDMAN:Q: DIRECTING YOUR ATTENTION TO — YOU NOTED A HAIR IN THE BATH SINK, 77-2.A: YES.Q: WITH REGARD TO THAT HAIR, YOU CONCLUDED THAT WAS NOT SIMILAR, IS THAT RIGHT?A: THAT’S CORRECT.Q: DO YOU REMEMBER THE COLOR?A: LIGHT BROWN/BLOND.Q: AND THAT’S THE COLOR YOU WERE LOOKING FOR, IS THAT CORRECT?A: YES, THAT’S CORRECT.Q: DO YOU REMEMBER WHETHER OR NOT THAT HAIR WAS HAIR-TREATED?A: NO. IT WAS NOT TREATED.Q: I JUST USED THE TERM HAIR TREATED. I JUST WANT TO MAKE SURE THAT’S THE SAME TERM YOU USED TO COMMUNICATE WHAT I WOULD CALL HAIR DYE.A: YES.Q: AND SO IN YOUR NOTES IF YOU ADDRESS SOMETHING AS TREATED, YOU MEAN THAT IT HAD BEEN DYED.A: YES.Q: THANK YOU.A: OR THE COLOR LIFTED OUT. BLEACHED OR DYED.Q: YOU SAID THE COLOR LIFTED OUT.A: YES. LIKE IF, FOR EXAMPLE, IF THE HAIR IS — IF YOUR HAIR IS DARK AND YOU WANTED TO BE BLOND, THEN YOU TAKE THE COLOR OUT.Q: OKAY.
BUT THAT WOULD SHOW IN YOUR NOTES AS WHAT, I’M SORRY?A: IT WOULD SAY COLOR TREATMENT.Q: ALL RIGHT.
DIRECTING YOUR ATTENTION TO AGAIN THE 53 SEQUENCE. AND LET ME DIRECT YOUR ATTENTION FIRST TO 53A. I’M SORRY. I WANT TO BACK UP BEFORE I MOVE YOU THERE. JUST TO CLARIFY SOMETHING. ‘CAUSE I CAN’T — I BELIEVE THE COURT STRUCK AN ANSWER, AND I WANT TO REPUT THE QUESTION SO THAT AT LEAST WE’RE CLEAR ON THE RECORD.
YOU TOLD US THAT WITH REGARD TO THE 67-2 HAIR THAT WAS — I’M SORRY — THE 67-3 HAIR OR THE 67 — WE WILL SAY THE 67-3 HAIR, THAT IT CAME FROM THE SHOWER DRAIN AND THAT YOUR SUSPICION WAS THAT IT MIGHT HAVE BELONGED TO DANIELLE VAN DAM OR POTENTIALLY YOU SCREENED IT TO BELONG TO DANIEL VAN DAM, IS THAT RIGHT?A: THAT’S CORRECT.Q: THAT WAS A HAIR THAT YOU THEN SENT TO BODE OR TO A LABORATORY FOR PURPOSES OF D.N.A. ANALYSIS, IS THAT RIGHT?A: THAT’S RIGHT.Q: AND YOU LEARNED THAT THE HAIR DID NOT IMPLICATE DANIELLE VAN DAM, DID NOT BELONG TO HER, IS THAT RIGHT?A: THAT’S CORRECT.Q: OKAY. NOW I CAN MOVE TO THE 53 SEQUENCE.
YOU NOTE THAT THE ITEM 53 FROM A FIELD SERVICES REPORT THAT’S PAGE 10 OF 20 OF YOUR — I CAN SHOW IT TO YOU IF THAT HELPS YOU UNLESS YOU’VE GOT IT. I JUST CAN’T SEE FROM HERE.A: I HAVE IT.Q: SPECIFICALLY DIRECTING YOUR ATTENTION TO 53A-3, WHAT WAS THAT?A: 53A IS A BLANKET. SO 53A-3 IS ONE OF — IT WAS ONE OF THE TAPE LIFTS FROM THAT BLANKET.Q: OKAY.
YOU NOTED THAT THERE WAS A HAIR THERE. IS THAT RIGHT?
MR. DUSEK: OBJECTION. NO FOUNDATION AS TO WHERE IT’S FROM.
THE COURT: LAY THE FOUNDATION.
MR. FELDMAN: I’M SORRY.
BY MR. FELDMAN:Q: DIRECTING YOUR ATTENTION TO 53A-3, YOU TOLD ME THAT WAS A TAPE LIFT. CAN YOU TELL ME WHERE IT CAME FROM?A: IT CAME FROM ITEM 53, WHICH IS A BLANKET FROM MR. WESTERFIELD’S MOTOR HOME BED.Q: DO YOU RECALL WHICH BLANKET?A: WELL, THERE WERE TWO BLANKETS THAT WERE IDENTICAL. AND SO THIS WAS THE FIRST OF THOSE THAT I LOOKED AT.Q: ALL RIGHT.
WITH REGARD TO 53A, THE FIRST TAPE LIFT, YOU NOTED A HAIR, DID YOU NOT?A: YES.Q: IT WASN’T SIMILAR TO DANIELLE VAN DAM’S, CORRECT?A: RIGHT.Q: ‘CAUSE IT HAD A DIFFERENT COLOR.A: THAT’S CORRECT.Q: AND YOU NOTED THAT IT WAS COLOR-TREATED, IS THAT RIGHT?A: THAT’S RIGHT.Q: WHAT COLOR WAS THE HAIR?A: IT WAS LIGHT BROWN/BLOND.Q: AND DID YOU COMPARE THAT HAIR AGAINST THE KNOWN HAIR STANDARD OF BRENDA VAN DAM?A: NO, I DID NOT.Q: DIRECTING YOUR ATTENTION TO 53A-3, THAT’S A LIFT FROM — IS THAT FROM THE SAME PILLOWCASE, MA’AM?A: IT’S FROM THE SAME BLANKET.Q: ALL RIGHT.
YOU NOTED THAT THERE WAS A HAIR THERE, IS THAT CORRECT?A: YES.Q: AND THAT IT WAS NOT SIMILAR, CORRECT?A: RIGHT.Q: AND THAT THERE WAS A DIFFERENCE IN COLOR, CORRECT?A: YES.Q: WHAT COLOR WAS THAT HAIR?A: IT WAS BLOND ALSO.Q: HOW MANY DIFFERENT BLONDES, THEN, BLOND INDIVIDUAL HAIRS — STRIKE THAT.
IS THERE A WAY FOR YOU TO DISCRIMINATE BETWEEN THE HAIRS IN SUCH A WAY AS WOULD ALLOW YOU TO OPINE, FORM AN OPINION, AS TO THE NUMBER OF PEOPLE FROM WHOM THOSE HAIRS SOURCED?A: NOT WITHOUT ACTUALLY EXAMINING HAIR STANDARDS FROM POSSIBLE DONORS OF THE HAIRS. SINCE I WOULDN’T KNOW THE VARIATION IN EACH INDIVIDUAL, THAT WOULD BE IMPORTANT IN ORDER TO DETERMINE THAT.Q: OKAY.
BUT THAT WOULD BE ON THE ISSUE OF MICROSCOPIC, CORRECT?A: MAYBE EVEN JUST LOOKING AT THE PHYSICAL CHARACTERISTICS ON A MACROSCOPIC LEVEL.Q: OKAY.
AND YOU HAVE NOW USED THE WORD MACROSCOPIC. TELL THE JURY WHAT YOU MEAN.A: THAT MEANS WITHOUT MAGNIFICATION OR VERY LOW-POWER MAGNIFICATION.Q: KIND OF WHAT YOU SEE WITH THE NAKED EYE?A: YES. PHYSICAL CHARACTERISTICS.Q: BUT YOU COULD HAVE SENT THESE HAIRS OFF FOR D.N.A. ANALYSIS, WOULDN’T —A: YES.Q: THAT WOULD HAVE TOLD YOU, WOULDN’T IT?A: YES.Q: HOW MANY DIFFERENT PEOPLE IT BELONGED TO, RIGHT?A: YES.Q: SO IT’S ONE FAIR INFERENCE WHEN YOU SEE NUMEROUS BLOND HAIRS, SOME OF WHICH ARE COLOR-TREATED, NONE OF WHICH IMPLICATE DANIELLE VAN DAM, THAT WE CAN INFER REASONABLY THREE OR FOUR DIFFERENT PEOPLE?
MR. CLARKE: OBJECTION. NO FOUNDATION. CALLS FOR SPECULATION.
THE COURT: SUSTAINED.
BY MR. FELDMAN:Q: DID YOU UTILIZE A HAIRBRUSH STANDARD THAT’S BEEN REFERRED TO AS ITEM 63 FOR THE PURPOSE OF DETERMINING OR EXAMINING THE HAIRS?A: YES, I DID.Q: THAT WAS A HAIRBRUSH STANDARD THAT WAS WHAT, SENT TO THE F. B. I.?A: SOME OF THE HAIRS FROM THE HAIRBRUSH WERE SENT TO THE
F. B. I.Q: WERE YOU AWARE THAT THE F. B. I. HAD INDICATED THAT THEY THOUGHT THAT THE STANDARDS THEY RECEIVED WERE NOT SUFFICIENT FOR COMPARISON PURPOSES?A: YES.Q: DIRECTING YOUR ATTENTION TO 53G-1. THAT’S ANOTHER LIFT. CAN YOU TELL ME WHERE THAT SOURCES, PLEASE.A: 53G IS THE WHITE MATTRESS COVER FROM THE BED IN MR. WESTERFIELD’S MOTOR HOME.Q: YOU IDENTIFIED G-1 AS A PARTICULAR LIFT. IS THAT RIGHT, MA’AM?A: YES.Q: AND G-1 INDICATED THE EXISTENCE OF A HAIR, IS THAT RIGHT?A: YES.Q: IT WAS NOT SIMILAR TO WHAT YOU WERE LOOKING FOR, IS THAT RIGHT?A: THAT’S RIGHT.Q: BY THE WAY, YOU WERE LOOKING FOR FINE BLOND HAIRS, IS THAT CORRECT?A: NOT NECESSARILY FINE. BUT CERTAINLY FINE WOULD HAVE BEEN IN THE RANGE OF HAIRS THAT I WAS LOOKING FOR.Q: AND WITH REGARD TO YOUNG BLOND HAIRS THAT ARE FINE, ARE THEY GENERALLY FEATURELESS?A: WELL, BLOND HAIR HAS LESS MICROSCOPIC FEATURES THAN COLORED HAIR, THAN BROWN OR RED OR BLACK HAIR. SO THAT’S WHY SOMETIMES THEY ARE TERMED FEATURELESS.Q: SO THE ANSWER IS YES?A: YES.Q: ON 53G-1, MA’AM, I’M SORRY, I JUST DON’T RECALL, YOU AGREE IT’S NOT A HAIR THAT’S SIMILAR TO WHAT YOU WERE LOOKING FOR, CORRECT?A: THAT’S CORRECT.Q: BECAUSE OF DIFFERENCES IN COLOR, CONTOUR, AND LENGTH, IS THAT RIGHT?A: THAT’S RIGHT.Q: DO YOU NOTE WHAT COLOR THE HAIR WAS?A: IT’S LIGHT BROWN.Q: AND DO YOU NOTE — WHEN YOU USE THE WORD CONTOUR, WHAT DO YOU MEAN TO COMMUNICATE?A: WHETHER THE HAIR IS STRAIGHT, CURLY, JUST WAVY, CURVED, AND SO ON.Q: EXCUSE ME. I DIDN’T MEAN TO INTERRUPT YOU.A: THAT’S FINE.Q: WITH REGARD TO THIS 53G-1 HAIR ON THE CONTOUR ISSUE, ARE YOU TELLING US, THEN, THAT THE CONTOUR WAS WAVY OR DID YOU NOTE THAT?A: IT’S CURVED.Q: ALL RIGHT.
WHAT ABOUT THE LENGTH?A: THE LENGTH IS THREE AND A HALF CENTIMETERS.Q: OKAY.
53A-4 IS ANOTHER LIFT FROM THE SAME SEQUENCE, IS THAT RIGHT?A: YES.Q: THAT WAS A HAIR, IS THAT RIGHT?A: YES.Q: THAT YOU DID — THAT IN TERMS OF YOUR SCREENING PURPOSES WAS NOT SIMILAR, CORRECT?A: THAT’S CORRECT.Q: THERE WAS A DIFFERENCE IN COLOR, CORRECT?A: RIGHT.Q: AND A DIFFERENCE IN DIAMETER, CORRECT?A: YES.Q: NOW, THIS DIFFERENCE IN DIAMETER, DID YOU COMPARE THAT DIFFERENCE IN DIAMETER AGAINST OTHERS OF THE HAIRS THAT DID NOT SOURCE FROM DANIELLE VAN DAM TO SEE IF ANY OF THEM MIGHT HAVE BEEN SIMILAR?A: NO.Q: DIRECTING YOUR ATTENTION TO 53G-2, WITH REGARD TO
53G-2, CAN YOU TELL ME, PLEASE, THAT’S A LIFT, ISN’T IT?A: YES.Q: WHERE DID IT COME FROM?A: 53G IS THE SAME WHITE MATTRESS COVER FROM THE BED OF THE MOTOR HOME.Q: OKAY.
AND YOU NOTED THAT THERE WAS A HAIR THERE. DO YOU RECALL THE COLOR?A: IT WAS BLOND.Q: WELL, YOU SAID NOT SIMILAR, DIFFERENCE IN COLOR, ISN’T THAT CORRECT?A: THAT’S CORRECT.Q: WHAT WAS DIFFERENT IN COLOR?A: IT JUST WASN’T — IT JUST DIDN’T LOOK THE SAME AS THE HAIR STANDARD FROM DANIELLE’S.Q: THE HAIR STANDARDS THAT THE F. B. I. SAID WERE NOT ADEQUATE?
MR. CLARKE: EXCUSE ME. I THINK THAT MISSTATES THE EVIDENCE. ALSO IS ARGUMENTATIVE.
THE COURT: SUSTAINED.
BY MR. FELDMAN:Q: DID YOU COMPARE THESE HAIRS — WELL, STRIKE THAT.
WHEN WERE YOU MAKING THESE HAIR COMPARISONS, IF YOU RECALL?A: MARCH 26TH.Q: SO THAT WAS AFTER THE RECOVERY OF THE BODY, IS THAT RIGHT?A: YES.Q: AND YOU KNOW THAT IN THE MEDICAL EXAMINER’S OFFICE OR PERHAPS AT THE SCENE, I CAN’T RECALL WHICH, ALL OF THE HAIR WAS REMOVED FROM DANIELLE VAN DAM. RIGHT?A: YES.Q: SO YOU HAD KNOWN HAIRS AGAINST WHICH YOU COULD COMPARE WHEN YOU WERE DOING THE HAIR COMPARISONS THAT I’M ASKING YOU ABOUT, ISN’T THAT CORRECT?A: THAT’S CORRECT.Q: DIRECTING YOUR ATTENTION TO 53E-1, WHERE DID THAT HAIR SOURCE, PLEASE?A: 53E IS A PILLOW AND PILLOWCASE FROM MR. WESTERFIELD’S MOTOR HOME.Q: OKAY.
YOU NOTED A HAIR ON A PARTICULAR LIFT, I THINK IT’S CALLED E-1. IS THAT RIGHT?A: THAT’S RIGHT.Q: YOU NOTED THAT IT WAS 21 CENTIMETERS IN LENGTH. IS THAT RIGHT?A: THAT’S RIGHT.Q: THE TIP WAS FRAYED, YOU CALLED IT, IS THAT RIGHT?A: YES.Q: WHAT DO YOU MEAN TO COMMUNICATE WHEN YOU DESCRIBE A TIP AS FRAYED?A: YOU MIGHT UNDERSTAND IT MORE AS SPLIT ENDS, SO THE END WAS ALL SPLIT LIKE A BROOM.Q: I’M SORRY, BUT I’M A MAN.A: THE END WAS ALL SPLIT LIKE A BROOM.Q: I’M SORRY. SPLIT LIKE A BROOM?A: YES.Q: IS THAT WHAT YOU SAID?A: YOU KNOW HOW THE BROOM IS, YOU KNOW, SPLIT INTO A BUNCH OF DIFFERENT FIBERS, SO THAT’S HOW IT LOOKS IN THE HAIR WHEN IT’S SPLIT. IT GOES INTO SEVERAL PIECES.Q: OKAY.
HOW BIG WERE THE PIECES?A: WELL, THEY ARE — THEY ALL MAKE UP THE DIAMETER OF THE HAIR, SO THEY ARE FRACTIONS OF THE DIAMETER OF THE HAIR.Q: IS THERE ANY CONSEQUENCE TO THE FACT THAT THE HAIR IS FRAYED IN YOUR VIEW?A: NO.Q: YOU CONCLUDED WITH REGARD TO 53E-1 THAT IT WAS SIMILAR IN COLOR, DIAMETER, CORRECT?A: YES.Q: AND YOU HAD IT SENT OFF, DIDN’T YOU?A: YES.Q: AFTER YOU HAD IT SENT OFF, YOU LATER LEARNED THE RESULTS, IS THAT CORRECT?A: THAT IS CORRECT.Q: AND THE RESULTS DID NOT IMPLICATE DANIELLE VAN DAM, IS THAT CORRECT?A: THAT’S CORRECT.Q: DIRECTING YOUR ATTENTION TO EVIDENCE ITEM 74, THAT WOULD BE THE BLUE CARPET THAT WAS REMOVED OR COLLECTED FROM THE HALLWAY FLOOR BETWEEN THE KITCHEN AND THE BEDROOM I BELIEVE.A: THAT’S CORRECT.Q: 74, TAPE LIFT NUMBER 5, YOU PULLED A HAIR FROM THE HALLWAY CARPET, IS THAT RIGHT, MA’AM?A: YES.Q: YOU CONCLUDED THAT IT WAS SIMILAR IN DIAMETER, CONTOUR, COLOR, IS THAT RIGHT?A: RIGHT.Q: YOU HAD IT SENT OFF FOR D.N.A. ANALYSIS, IS THAT RIGHT?A: YES.Q: AND YOU LEARNED THE RESULTS OF THE D.N.A. ANALYSIS DID NOT IMPLICATE DANIELLE VAN DAM, IS THAT CORRECT?A: THAT’S CORRECT.Q: SIMILARLY WITH REGARD TO 74, TAPE LIFT 8-1. WITH REGARD TO 8-1, YOU NOTED THAT THE LOCATION OF THAT HAIR CAME FROM A LIFT IN THE HALLWAY CARPET, IS THAT RIGHT?A: YES.Q: YOU NOTED THE LENGTH AT ABOUT 9 CENTIMETERS, IS THAT RIGHT?A: THAT’S RIGHT.Q: THERE’S 2.25 CENTIMETERS PER INCH, IS THAT RIGHT?A: RIGHT.Q: SO THAT’S ABOUT FOUR INCHES OR SO.A: RIGHT.Q: YOU NOTED THAT THE TIP WAS TAPERED, IS THAT RIGHT?A: YES.Q: WHEN YOU USE THE WORD TAPERED IN DESCRIBING HAIR, WHAT DO YOU MEAN TO COMMUNICATE?A: TAPERED LIKE A PENCIL TIP, SHARPENED TO A POINT.Q: IS THAT USUAL OR UNUSUAL WITH REGARD TO HOW YOU SEE HAIR?A: THAT’S NORMAL.Q: ALL RIGHT.
YOU INDICATED THAT WITH REGARD TO THE PARTICULAR HAIR 74TL8-1 THAT THE HAIR APPEARED TREATED. IS THAT RIGHT?A: YES.Q: AND WHAT COLOR WAS IT AGAIN?A: IT WAS LIGHT BROWN/BLOND.Q: AND WHEN YOU SAY TREATED, IT COULD HAVE BEEN DYED?A: YES.Q: AND YOU DID NOT COMPARE THAT HAIR AGAINST THE KNOWN STANDARDS OF BRENDA VAN DAM.A: NO, I DID NOT.Q: NOR DID YOU COMPARE IT AGAINST THE OTHER HAIRS TO SEE WHETHER OR NOT IT WAS MICROSCOPICALLY SIMILAR, CORRECT?A: THAT’S CORRECT.Q: NOW I WOULD LIKE TO DIRECT YOUR ATTENTION TO 58 SEQUENCE OF HAIR. SPECIFICALLY 58 RELATES TO A TAPE LIFT THAT WAS USED TO COLLECT HAIR AND OTHER POSSIBLE TRACE EVIDENCE FROM THE CARPETED FLOOR BELOW THE NIGHTSTAND DRAWERS ON THE PASSENGER SIDE IN THE MOTOR HOME, IS THAT RIGHT?A: THAT’S RIGHT.Q: WITH REGARD TO 58-1, YOU NOTED THAT IT WAS APPROXIMATELY 7.2 CENTIMETERS IN LENGTH, IS THAT RIGHT?A: THAT’S RIGHT.Q: IT WAS SIMILAR IN COLOR, IS THAT RIGHT?A: YES.Q: SIMILAR IN CROSS-SECTION, CORRECT?A: YES.Q: SIMILAR IN DIAMETER, CORRECT?A: YES.Q: SIMILAR IN LENGTH?A: YES.Q: SENT IT OFF TO — FOR D.N.A. ANALYSIS, IS THAT RIGHT?A: THAT’S RIGHT.Q: CAME BACK NOT IMPLICATING DANIELLE VAN DAM, CORRECT?A: THAT’S CORRECT.Q: AND AGAIN THIS IS ANOTHER BLOND HAIR, IS THAT RIGHT?A: RIGHT.Q: AND YOU DID NOT COMPARE THIS BROWN HAIR, I’M SORRY, YOU DID NOT COMPARE THIS BLOND HAIR AGAINST EITHER THE KNOWNS OF BRENDA VAN DAM OR AGAINST ANY OF THE OTHERS, CORRECT?A: THAT’S CORRECT.Q: DIRECTING YOUR ATTENTION TO 58-2, THAT’S ANOTHER TAPE LIFT, CORRECT?A: YES. 58 IS THE SAME TAPE LIFT. NUMBER 2 IS THE SECOND HAIR.Q: ALL RIGHT.
AND WAS THE SECOND HAIR THE SAME IN APPEARANCE AND MICROSCOPIC COMPARISON AS THE FIRST HAIR ON 58?A: I DIDN’T COMPARE THE TWO TOGETHER.Q: SO YOU CAN’T TELL US WHETHER OR NOT THEY ARE SIMILAR OR DIFFERENT?A: THAT’S CORRECT.Q: BUT YOU CAN TELL US THAT NEITHER HAIR IMPLICATES DANIELLE VAN DAM ON D.N.A. ANALYSIS, CORRECT?A: WELL, HAIR NUMBER TWO WASN’T EVER SENT. IT WAS NOT SENT OUT. BECAUSE I DECIDED THAT THERE WAS SLIGHTLY — THERE WERE SLIGHT DIFFERENCES IN THE COLOR.Q: SO YOU MADE THE OPINION, I MEAN YOU MADE A JUDGMENT NOT TO SEND OUT HAIR TWO.A: THAT’S CORRECT.Q: OKAY.
BUT YOU DID SEND THE KNOWN HAIR STANDARDS OF BRENDA VAN DAM FOR D.N.A. ANALYSIS, DIDN’T YOU?A: NO. I DIDN’T PERSONALLY SEND THEM, AND I DON’T RECALL WHETHER THEY WERE SENT.Q: ALL RIGHT.
DIRECTING YOUR ATTENTION TO 58-3, WHAT’S 58-3?A: IT’S FROM THAT SAME TAPE LIFT, AND IT’S THE THIRD HAIR.Q: THAT SAME TAPE LIFT MEANING THE TAPE LIFT FOR THE CARPETED FLOOR BELOW THE NIGHTSTAND DRAWERS ON THE PASSENGER SIDE?A: THAT’S CORRECT.Q: AND THAT WAS 7.5 CENTIMETERS?A: YES.Q: YOU NOTED THAT ITS TIP WAS CUT.A: YES.Q: YOU NOTED THAT IT WAS SIMILAR IN COLOR AND DIAMETER, CORRECT?A: THAT’S CORRECT.Q: SENT IT OFF TO A LABORATORY FOR D.N.A. ANALYSIS, CORRECT?A: THAT’S CORRECT.Q: DIDN’T COME BACK TO DANIELLE VAN DAM, DID IT?A: NO, IT DIDN’T.Q: DIRECTING YOUR ATTENTION TO 58-4, SAME, ANOTHER HAIR IN THAT SEQUENCE, IS THAT RIGHT?A: THAT’S RIGHT.Q: AND 58-5.A: YES.Q: 58-4 YOU CONCLUDED WAS NOT SIMILAR IN COLOR OR TEXTURE TO WHAT YOU WERE LOOKING FOR, CORRECT?A: NOT TEXTURE. THAT T X MEANS TREATMENT. SORRY.Q: OKAY.A: IT’S NOT SIMILAR IN COLOR.Q: I’M SORRY. ARE YOU TELLING ME THAT IT WAS TREATED OR WAS NOT TREATED?A: IT DOES APPEAR THAT THERE’S POSSIBLE TREATMENT.Q: OKAY.
AND WHAT COLOR WAS THE HAIR?A: BLOND.Q: SIMILARLY WITH REGARD TO 58-5, BLOND?A: YES.Q: TREATED?A: YES. IT APPEARS TO BE TREATED.Q: 58-6, THAT’S A HAIR, IS THAT RIGHT?A: YES.Q: FROM THE SAME GENERAL LOCATION AS THE OTHER TAPE LIFT, IS THAT RIGHT?A: IT’S FROM THAT SAME TAPE LIFT.Q: OKAY.
YOU NOTED IT 9 CENTIMETERS, CORRECT?A: THAT’S RIGHT.Q: IT WAS SIMILAR IN COLOR, DIAMETER, AND LENGTH, CORRECT?A: THAT’S CORRECT.

Q: SENT IT OFF FOR D.N.A. ANALYSIS, CORRECT?A: RIGHT.Q: DIDN’T GET — DID NOT IMPLICATE DANIELLE VAN DAM?A: THAT’S CORRECT.Q: DIRECTING YOUR ATTENTION TO EVIDENCE ITEM 48. EVIDENCE ITEM 48 IS ONE OFF-WHITE BEDSPREAD WITH TAN STRIPES AND A FLORAL PRINT COLLECTED FROM THE BED OF THE MOTOR HOME.A: (PAUSE.)Q: I CAN SHOW YOU WHAT I’VE GOT IF IT HELPS YOU TO LOCATE YOURS.A: IT SHOULD HAVE A PAGE NUMBER.Q: I DO. IT’S 3,155.A: I MEAN SOMETHING OF 72.Q: YOU’RE WELCOME TO LOOK ANY PLACE ON MY STACK.A: OKAY. I GOT IT. HERE WE ARE.Q: WITH REGARD TO THE 48, THERE’S TAPE LIFT NUMBER FOUR THAT CAME OFF THE BEDSPREAD, IS THAT RIGHT?A: THAT’S CORRECT.Q: YO NOTED AS A 20-CENTIMETER HAIR, IS THAT RIGHT?A: YES.Q: AND THAT IT WAS NOT SIMILAR IN COLOR TO WHAT YOU WERE LOOKING FOR, IS THAT RIGHT?A: THAT’S RIGHT.Q: AND I’M SORRY, IS THIS A TREATED HAIR OR NOT A TREATED HAIR?A: THAT’S A COLOR-TREATED HAIR.Q: WHAT COLOR IS THIS HAIR?A: LIGHT BROWN/BLOND.Q: DO YOU, WHEN YOU ARE SAYING LIGHT BROWN/BLOND, ARE YOU MAKING A DISTINCTION BETWEEN THOSE AS TWO SEPARATE COLORS OR DO YOU MEAN THAT TO COMMUNICATE JUST THE SAME GENERAL COLOR?A: THE SAME GENERAL COLOR.Q: DIRECTING YOUR ATTENTION TO 48, TAPE LIFT 8, ON THE BEDSPREAD AGAIN. YOU NOTED A 14.5-CENTIMETER HAIR, IS THAT RIGHT?A: THAT’S RIGHT.Q: IT WAS TAPERED, IS THAT RIGHT?A: YES.Q: YOU NOTED THAT IT WAS NOT SIMILAR IN COLOR AND THE DIAMETER WAS DIFFERENT, IS THAT RIGHT?A: THAT’S RIGHT.Q: BETWEEN 48, TAPE LIFT 4, AND 48, TAPE LIFT 8, THAT LOOKS LIKE TWO HAIRS THAT MIGHT BELONG TO DIFFERENT PEOPLE. ARE YOU ABLE TO FORM THAT OPINION?A: IT’S POSSIBLE.Q: CAN YOU TELL WHETHER THEY WERE MEN’S HAIRS OR WOMEN’S HAIRS?A: NO.Q: DIRECTING YOUR ATTENTION TO ITEM 71, AND SPECIFICALLY YOUR TAPE LIFT 2, ITEM 71 IS DESCRIBED AS A MULTI-COLORED FLORAL PRINT PILLOW INSIDE A BLUE-AND-WHITE-STRIPED PILLOWCASE WITH A SAILBOAT PRINT ON IT. I THINK IT’S TAKEN FROM THE MOTOR HOME, WAS COLLECTED FROM UNDER THE BED SPRINGS UNDERNEATH THE MATTRESS AT THE FOOT OF THE BED.
I’M JUST READING WHAT THE EVIDENCE LIST SAYS.A: OKAY. I HAVE IT.Q: WITH REGARD TO TAPE LIFT 2 OF ITEM 71, YOU NOTED THAT THE HAIR WAS ABOUT 22, 21.5 CENTIMETERS. IS THAT RIGHT?A: FROM ITEM 71?Q: YES, MA’AM. 71, TAPE LIFT 2. I CAN GIVE YOU THE DISCOVERY PAGE. IT’S 3,158. AND I THINK YOUR DATE IS 4/2/02, BUT IT’S PAGE 46 OF 72. DOES THAT HELP?A: THOSE ARE TAPE LIFTS FROM ITEM 74.Q: OKAY.
74 WOULD BE THE BLUE CARPET.A: YES.Q: COLLECTED FROM THE HALLWAY FLOOR BETWEEN THE KITCHEN AND THE BEDROOM, IS THAT RIGHT?A: THAT’S CORRECT.Q: WITH REGARD TO TAPE LIFT 2, DID YOU NOTE THAT — WELL, FIRST LET ME DIRECT YOUR ATTENTION TO TAPE LIFT 1. YOU NOTED A DARK BROWN HEAD HAIR, IS THAT RIGHT?A: THAT’S RIGHT.Q: WITH REGARD TO TAPE LIFT 2, YOU NOTED ONE LONG — IT’S HARD FOR ME TO READ. I’M SORRY. BLOND HAIR, NO ROOT, IS THAT A FAIR STATEMENT?A: YES.Q: BUT DO YOU DESCRIBE IT — DO YOU DESCRIBE THE HAIR IN ADDITION TO LONG AND BLOND IN ANY OTHER MANNER?A: YES. IT’S LISTED DOWN BELOW THERE.Q: ACTUALLY THERE’S WORDS ABOVE THE WORD LONG THAT I CAN’T READ.A: IT SAYS LIGHT BROWN.Q: LIGHT — OKAY. THANK YOU.A: M-HM.Q: AGAIN YOU’RE SPOTTING ANOTHER HAIR AND THIS HAIR IS NOT SIMILAR, CORRECT?A: YES, THAT’S CORRECT. IT’S NOT SIMILAR TO THE VICTIM’S HAIR.Q: DIRECTING YOUR ATTENTION TO EVIDENCE ITEM 80; THAT WOULD BE ONE UNSEALED BAG CONTAINING EIGHT BINDLES OF HAIR THAT I BELIEVE YOU RECEIVED FROM TANYA DULANEY ON FEBRUARY — I’M SORRY. THE DICTATOR OF THE REPORT RECEIVED THEM FROM TANYA DULANEY, AND HERE YOU ARE.
I’M SORRY. I WANT TO DIGRESS. THE REPORT THAT I HAVE BEEN READING FROM, IT DOES HAVE LIST — IT LISTS YOU AS ONE OF THE CRIMINALISTS, IS THAT CORRECT?A: THAT’S CORRECT.Q: THAT DOESN’T MEAN YOU’RE THE AUTHOR; IT’S THE FORENSIC SPECIALIST THAT’S THE AUTHOR, IS THAT RIGHT?A: IF YOU ARE READING FROM THE EVIDENCE LIST, THEN YES, THE FORENSIC SPECIALIST IS THE AUTHOR.Q: WELL, IT SAYS FIELD SERVICES UNIT LABORATORY REPORT.A: OKAY. THEN THAT’S THE AUTHOR IS THE FORENSIC SPECIALIST, THEN.Q: THAT WOULD BE KAREN LEALCALA?A: YES.Q: SO DIRECTING YOUR ATTENTION NOW TO EVIDENCE ITEM 80, AND I THINK IT’S TAPE LIFT A-1, YOU NOTED THAT AGAIN AS ANOTHER HAIR, IS THAT RIGHT?
MR. DUSEK: OBJECTION. NO FOUNDATION AS TO WHERE IT CAME FROM.
MR. FELDMAN: SORRY.
BY MR. FELDMAN:Q: DO YOU RECALL WHERE IT CAME FROM?A: YES. ACTUALLY IT’S NOT A TAPE LIFT. THESE ARE HAIRS THAT I PUT IN BINDLES, AND I FOUND THESE HAIRS WHEN I DID THE INITIAL EXAMINATION OF THE MOTOR HOME ON I BELIEVE IT WAS FEBRUARY 6TH.Q: WHO HAD BEEN IN THE MOTOR HOME BEFORE YOU GOT THERE, DO YOU KNOW?
MR. CLARKE: OBJECTION. VAGUE AS TO TIME.
MR. FELDMAN: FEBRUARY 6TH.
THE COURT: PRIOR TO FEBRUARY 6TH.
IF YOU KNOW, MA’AM.
THE WITNESS: I KNOW THAT SOME MEMBERS OF THE HOMICIDE TEAM, AND I BELIEVE KAREN LEALCALA HAD BEEN IN THERE AS WELL.
BY MR. FELDMAN:Q: AND WHEN YOU SAY SOME MEMBERS OF THE HOMICIDE TEAM, ANY NAMES COME TO MIND?A: I KNOW THAT DETECTIVE TOMSOVIC, SERGEANT HOLMES, AND I DON’T RECALL ANY OF THE OTHERS.Q: BUT YOU THINK THERE WERE OTHERS?A: I BELIEVE THERE HAD BEEN OTHER MEMBERS OF THE TEAM IN THERE.Q: DIRECTING YOUR ATTENTION TO NOW THE TAPE LIFT OR, I’M SORRY, THE HAIR THAT’S IDENTIFIED AS 80A-1. WHERE DID THAT COME FROM, PLEASE?A: THIS CAME FROM THE FLOOR IN THE BATHROOM, THE ACTUAL LINOLEUM FLOOR OF THE BATHROOM IN THE MOTOR HOME.Q: AND YOU NOTED IT AT 7 CENTIMETERS, IS THAT RIGHT?A: YES.Q: YOU NOTED IT AS CUT.A: YES.Q: WHAT COLOR WAS IT?A: IT WAS MEDIUM BROWN.Q: MEDIUM BROWN, IS THAT RIGHT?A: YES.Q: AND YOU CONCLUDED IT WAS NOT SIMILAR, CORRECT?A: YES.Q: DIRECTING YOUR ATTENTION TO 80B-2. COULD YOU TELL ME, PLEASE, WHAT IS THAT AND WHERE DID IT COME FROM?A: THAT’S A BLOND HAIR THAT WAS COLLECTED FROM THE FRONT PASSENGER FOOTWELL OF MR. WESTERFIELD’S MOTOR HOME.Q: AND YOU LOOKED AT 80B-2 AND YOU NOTED THAT IT WAS 19 CENTIMETERS IN LENGTH, IS THAT RIGHT?A: YES.Q: ABOUT EIGHT INCHES?A: YES.Q: SEVEN OR EIGHT INCHES?A: YES.Q: AND DO YOU RECALL WHAT COLOR IT WAS?A: IT WAS WHITE.Q: AND YOU NOTED THAT THAT WAS NOT SIMILAR.A: YES.Q: NOW, THIS IS THE FIRST HAIR YOU’VE TOLD US THAT’S WHITE. IS THAT WITHIN THE UNIVERSE OF WHAT YOU WOULD EXPECT TO FIND WHEN YOU ARE LOOKING FOR BLOND HAIRS?
MR. CLARKE: ACTUALLY OBJECTION. MISSTATES THE EVIDENCE.
THE COURT: WELL, I’M NOT SURE THAT IT DOES. BUT YOU CAN ANSWER THAT QUESTION, MA’AM.
THE WITNESS: YES.
MR. FELDMAN: OKAY.
BY MR. FELDMAN:Q: NOW I GOT TO TRY AGAIN.
DID YOU NOTE THE EXISTENCE OF OTHER WHITE HAIRS OTHER THAN WHAT I’M CALLING TO YOUR ATTENTION AS 80B-2?A: I BELIEVE THERE WERE OTHER WHITE HAIRS.Q: DO YOU HAVE A SPECIFIC RECOLLECTION AS TO WHERE THE WHITE HAIRS CAME FROM?A: I THINK ACTUALLY IT WAS ONE OF THE OTHER QUESTIONS YOU HAD ASKED ME ABOUT A WHITE HAIR THAT I INITIALLY THOUGHT WAS AN ANIMAL HAIR AND THEN IT TURNED OUT TO BE POSSIBLY A PUBIC HAIR. I BELIEVE THAT WAS ALSO IN THE MOTOR HOME DURING THAT EXAMINATION, BUT I DON’T RECALL WHICH SPECIFIC ITEM IT WAS.Q: YOU ARE SAYING IF IT WAS A PUBIC HAIR IT WAS A WHITE PUBIC HAIR?A: YES.Q: DID YOU PARTICIPATE IN THE TAKING OF PUBIC HAIR STANDARDS FROM DAVID WESTERFIELD?A: NO, I DID NOT.Q: DID YOU EVER HAVE THE OPPORTUNITY TO EXAMINE THE PUBIC HAIR STANDARDS FROM MR. WESTERFIELD?A: NO, I DID NOT.Q: ARE YOU AWARE IF PUBIC HAIR STANDARDS WOULD ROUTINELY BE TAKEN FROM A SUSPECT IN A HOMICIDE CASE?A: THEY WOULD ROUTINELY BE TAKEN.Q: DIRECTING YOUR ATTENTION TO 80C-3, THAT’S ANOTHER HAIR, IS THAT RIGHT?A: YES.Q: THAT WAS FOUND IN THE DRIVER’S FOOTWELL OF THE MOTOR HOME, IS THAT RIGHT?A: YES.Q: YOU CONCLUDED THAT IT WAS NOT SIMILAR, IS THAT RIGHT?A: THAT’S CORRECT.Q: WHAT COLOR WAS IT?A: IT’S ALSO WHITE, AND THIS IS THE HAIR I WAS REFERRING TO EARLIER THAT I HAD INITIALLY THOUGHT IT WAS AN ANIMAL HAIR AND TURNS OUT IT’S ACTUALLY MOST LIKELY A PUBIC HAIR.Q: AND WHO DECIDED THAT IT WAS A PUBIC HAIR?A: I DID.Q: THIS ISN’T ONE OF THOSE HAIRS THAT YOU TOOK UP TO — THIS ISN’T SOMETHING YOU TOOK TO FAYE SPRINGER.A: NO.Q: DIRECTING YOUR ATTENTION OR REDIRECTING YOUR ATTENTION TO THE 80 SEQUENCE, 80E-5, CAN YOU TELL ME WHERE DID THE 80 SEQUENCE SERIES COME FROM?A: WELL, THOSE ARE BINDLES OF HAIR THAT I COLLECTED FROM THE MOTOR HOME DURING MY INITIAL SEARCH ON FEBRUARY 6TH.Q: OKAY.
SO ALL OF THE 80’S?A: YES. ALL OF THE 80’S.Q: WITH REGARD TO 80E-5, THAT CAME FROM THE NIGHTSTAND IN THE DRIVER’S SIDE, IS THAT CORRECT, MA’AM?A: YES.Q: WHAT COLOR WAS THE HAIR?A: LIGHT BROWN/BLOND.Q: YOU CONCLUDED IT WAS NOT SIMILAR, IS THAT RIGHT?A: YES.Q: DIRECTING YOUR ATTENTION TO 80F-6, WHERE DID THAT COME FROM?A: THIS CAME — THESE WERE — ACTUALLY IT WAS A COLLECTION OF HAIRS THAT WERE ON THE DRIVER’S-SIDE PILLOW ON THE BED AND ALSO HAIRS ON THE COMFORTER OF THE BED IN THE MOTOR HOME.Q: YOU LOOKED AT THEM?A: YES.Q: AND YOU CONCLUDED THEY WERE NOT SIMILAR?A: YES.Q: DIRECTING YOUR ATTENTION TO 80G7-1 AND 2, AND I MIGHT AS WELL GO 80H8, AS I AM TRYING TO GIVE YOU THREE AT ONCE TO SPEED THIS UP A LITTLE BIT.A: OKAY.Q: FIRST OF ALL, THESE COME FROM THE BEDROOM FLOOR ON THE RIGHT SIDE OF THE BED, IS THAT CORRECT, MA’AM?A: YES.Q: YOU COMPARED THEM TO DETERMINE WHETHER THEY WERE SIMILAR OR DISSIMILAR TO THE KNOWNS OF DANIELLE VAN DAM.A: YES.Q: AND YOU CONCLUDED THEY WERE ALL NOT SIMILAR, CORRECT?A: THAT’S CORRECT.Q: 79, A THROUGH N. 79 YOU NOTED IS AN UNSEALED BAG CONTAINING FOURTEEN TAPE LIFTS, AGAIN APPARENTLY TAKEN FROM FEBRUARY 6 BY YOU IN THE MOTOR HOME. IS THAT RIGHT?A: YES.Q: DID YOU DISCRIMINATE WHERE THE TAPE LIFTS COME FROM, SPECIFICALLY WHERE EACH TAPE LIFT CAME FROM?A: YES.Q: DID THEY COME FROM ALL OVER THE MOTOR HOME?A: MOST OF THE FABRIC SURFACES IN THE MOTOR HOME.Q: OKAY.
WHY WOULD YOU GO TO THE FABRIC SURFACES?A: THEY WOULD BE THE SURFACES THAT ARE MOST LIKELY TO COLLECT TRANSFER EVIDENCE LIKE HAIRS AND FIBERS.Q: AND YOU DETERMINED IN FACT YOU WERE SUCCESSFUL IN COLLECTING MULTIPLE BROWN HAIRS, ISN’T THAT RIGHT? I’M IN THE 80 SEQUENCE. I’M SORRY.A: YES. THERE WERE SEVERAL BROWN HAIRS.Q: OKAY.
BUT YOU DID CONCLUDE WITH REGARD TO THE 80 SEQUENCE NONE OF THOSE HAIRS WERE SIMILAR —
MR. CLARKE: I’LL WAIT ‘TIL THE QUESTION —
BY MR. FELDMAN:Q: YOU CONCLUDED THAT NONE OF THE HAIRS IN THE 80 SEQUENCE THAT I HAVE DISCUSSED WITH YOU WERE SIMILAR TO THE KNOWNS OF DANIELLE VAN DAM.
MR. CLARKE: OBJECTION. VAGUE AS TO THE 80 SEQUENCE.
THE COURT: YES. LET’S BE SPECIFIC.
THE WITNESS: WE ARE NOT TALKING ABOUT TAPE LIFT ANY MORE.
MR. FELDMAN: I’LL GIVE IT TO YOU THIS WAY, IF YOU DON’T MIND.
THE WITNESS: OKAY.
BY MR. FELDMAN:Q: DIRECTING YOUR ATTENTION TO 80G7, 80- — I’M SORRY. G7-1 AND G7-2, AND H-8. OKAY?A: YES.Q: EACH OF THOSE HAIRS YOU LOOKED AT FOR THE PURPOSE OF DETERMINING WHETHER THEY WOULD BE — COULD BE A MATCHED OR IDENTIFIED OR LINKED TO DANIELLE VAN DAM, IS THAT RIGHT?A: THAT’S RIGHT.Q: AND YOU CONCLUDED THAT NONE OF THOSE HAIRS THAT YOU WERE ABLE TO LIFT WERE SIMILAR, CORRECT?A: YES.Q: YOU ALSO LOOKED AT ITEM 83, WHICH IS DESCRIBED AS AN UNSEALED BAG CONTAINING ONE GREEN TOWEL WHICH SOURCED FROM THE MOTOR HOME AND I THINK YOU GOT ON FEBRUARY 6TH. IS THAT RIGHT?A: YES.Q: WITH REGARD TO 83, TAPE LIFT A, WHERE DID THAT COME FROM?A: THAT CAME FROM THE GREEN TOWEL THAT WAS IN THE FLOOR ON THE HALLWAY OF THE MOTOR HOME.Q: YOU EXCLUDED THAT, DID YOU NOT; YOU CONCLUDED IT WAS SIMILAR BUT THERE WAS SOME SUBSTANTIAL DIFFERENCES, IS THAT RIGHT?A: YES.Q: DIRECTING YOUR ATTENTION TO ITEM 68 AGAIN. 68 IS A STRAND OF HAIR COLLECTED FROM THE FLOOR OF THE SHOWER ON FEBRUARY LOOKS LIKE 8TH. ARE YOU WITH ME?A: I’M GETTING THERE.
(PAUSE.)
DO YOU HAVE A PAGE NUMBER ON THAT ONE?Q: YES, I GOT IT. SORRY. I THINK IT’S PAGE 1 OF 72. 2/25/02. AND IT’S DISCOVERY 3112.A: ALL RIGHT. SORRY.Q: GOT IT?A: YES.Q: ITEM 68 IS THE HAIR THAT YOU RECOVERED FROM THE SHOWER FLOOR, IS THAT RIGHT, MA’AM?A: NO. I DID NOT RECOVER THIS HAIR. IT WAS COLLECTED I BELIEVE BY KAREN LEALCALA.Q: OKAY.
DID YOU EVALUATE IT?A: YES, I DID.Q: YOU CONCLUDED IT WAS ABOUT 9.5 CENTIMETERS.A: YES.Q: AND YOU CONCLUDED THAT IT WAS NOT SIMILAR, IT WAS BROWN AND TREATED, IS THAT RIGHT?A: YES.Q: HOW IS BROWN AND TREATED, WHAT DO YOU MEAN TO COMMUNICATE BY THAT ONE? DYED BROWN?A: IT WAS DYED BROWN, AND YOU CAN TELL THAT BECAUSE THE ROOT AREA IS SORT OF A GRAY-WHITE COLOR, SO THEN COLOR WAS ADDED TO THE PART OF THE HAIR THAT’S STICKING OUT FROM THE SCALP.Q: SO IS THAT NOW FIVE OR SIX OR SEVEN DISTINCT HAIR TYPES THAT YOU’VE IDENTIFIED WITHIN THE MOTOR HOME AS WE HAVE GONE THROUGH THIS LIST?A: CERTAINLY A NUMBER OF DIFFERENT HAIRS IN THE MOTOR HOME, YES.Q: DIFFERENT IN COLOR, DIFFERENT IN DIAMETER, DIFFERENT IN SIZE, DIFFERENT IN SHAPE, CORRECT?A: YES.Q: AND DIFFERENT AMONGST AND WITHIN EACH OTHER, IS THAT CORRECT?A: YES.Q: NOW, AS A HAIR EXAMINER, CAN YOU DRAW INFERENCES BASED ON THOSE OBSERVATIONS AS TO THE NUMBER OF PEOPLE WHO MIGHT HAVE DEPOSITED THOSE HAIRS?A: WELL, WITHOUT HAVING PEOPLE TO COMPARE THEM TO, IT’S DIFFICULT TO MAKE A GENERAL STATEMENT. OBVIOUSLY PROBABLY THE BROWN HAIR IS NOT DEPOSITED BY THE SAME PERSON WHO HAD THEIR HAIR COLOR-TREATED TO BLOND. BUT AT LEAST NOT AT THE SAME TIME. IT’S POSSIBLE CERTAINLY THAT THE PERSON COULD HAVE HAD BROWN HAIR AT ONE TIME AND HAD IT TREATED TO BLOND AND THEN DYED IT BROWN LATER.Q: SO ARE YOU SAYING BY THAT STATEMENT THAT WHATEVER HAIRS YOU FOUND IN THE MOTOR HOME YOU HAVE NO WAY OF KNOWING HOW LONG THEY WERE THERE?A: YEAH. THAT’S CORRECT.Q: SO EVEN THE HAIRS THAT MR. CLARKE WAS ASKING YOU ABOUT THAT YOU CHARTED, YOU HAVE NO IDEA HOW LONG THOSE HAIRS WERE THERE, DO YOU?A: NO.Q: DIRECTING YOUR ATTENTION TO ITEM 70, 1, 2, 3. THESE ARE DESCRIBED AS HAIR THAT WAS COLLECTED FROM THE BED SPRINGS UNDER THE MATTRESS NEAR THE FOOT OF THE BED OF THE MOTOR HOME ON 2/8/02. I THINK IT’S YOUR PAGE 2 OF 72, IF THAT HELPS YOU.A: YES, I HAVE IT.Q: DIRECTING YOUR ATTENTION TO 70-1. WHERE DID THAT COME FROM, MA’AM?A: THAT CAME FROM THOSE HAIRS THAT WERE COLLECTED FROM UNDERNEATH THE BED.Q: OKAY.A: IN THE MOTOR HOME.Q: YOU NOTED A LENGTH OF APPROXIMATELY 12.5 CENTIMETERS.A: YES.Q: YOU NOTED THAT THE HAIR WAS TAPERED.A: YES.Q: AND FRAYED.A: YES.Q: AND THAT IT WAS NOT SIMILAR AND COLOR-TREATED. IS THAT RIGHT?A: IT WAS NOT SIMILAR TO DANIELLE’S, AND IT HAS BEEN COLOR-TREATED.Q: WHAT COLOR WAS IT?
MR. CLARKE: OBJECTION. VAGUE.
THE COURT: OH, NO. YOU UNDERSTAND WHICH ONE WE’RE TALKING ABOUT, DON’T YOU?
THE WITNESS: YES.
THE COURT: YOU MAY ANSWER.
THE WITNESS: IT WAS ORIGINALLY THE HAIR WAS DARK AND THEN IT WAS LIGHTENED TO BLOND.
MR. FELDMAN: OKAY.
BY MR. FELDMAN:Q: SO THAT’S NOW DIFFERENT THAN ALL THE OTHER TREATED HAIRS, ISN’T IT?A: YES.
(DISCUSSION OFF THE RECORD AMONG THE DEFENSE.)
BY MR. FELDMAN:Q: DIRECTING YOUR ATTENTION TO 70-2. THIS IS ANOTHER LIFT FROM APPARENTLY THE SAME AREA UNDER THE — FROM THE BED SPRINGS UNDER THE MATTRESS NEAR THE FOOT OF THE BED. IS THAT RIGHT?A: YES.Q: YOU NOTED THIS WAS ABOUT 9.5 CENTIMETERS, IS THAT RIGHT?A: YES.Q: THIS ALSO WAS NOT SIMILAR AND WAS COLOR-TREATED, IS THAT CORRECT?A: YES.Q: DO YOU RECALL WHAT COLOR THIS HAIR WAS?A: BLOND.Q: SO THIS IS A BLOND AND COLOR-TREATED HAIR?A: YES.Q: DIRECTING YOUR ATTENTION TO 70-3. AGAIN COMES FROM THE SAME PLACE. CAN YOU PLEASE TELL US WHAT — THE HAIR ITSELF WAS NOT SIMILAR AND IT WAS COLOR-TREATED, IS THAT RIGHT?A: YES.Q: WHAT COLOR WAS IT?A: IT WAS ORIGINALLY DARK, AND IT WAS COLOR-TREATED TO BLOND.Q: DIRECTING YOUR ATTENTION TO ITEM 57. 57 IS DESCRIBED AS A TAPE LIFT USED TO COLLECT HAIR AND OTHER POSSIBLE TRACE EVIDENCE FROM THE CARPET BETWEEN THE SIDE OF THE BED AND THE NIGHTSTAND ON THE PASSENGER SIDE OF THE MOTOR HOME. I THINK IT WAS COLLECTED 2/7/02. GOT IT?
YOU CONCLUDED THAT THERE WERE AT LEAST TWO BLOND — ACTUALLY THERE WERE AT LEAST THREE HAIRS, IS THAT CORRECT, MA’AM?A: YES.Q: THEY WERE NOT SIMILAR, IS THAT RIGHT, TO DANIELLE?A: THAT’S CORRECT.Q: TWO WERE BLOND, COLOR-TREATED, AND ONE WAS A WHITE HAIR, IS THAT CORRECT?A: YES.Q: WITH REGARD TO THE TWO THAT WERE BLOND, COLOR-TREATED, WERE THEY IDENTICAL OR WERE THEY DIFFERENT?A: I DON’T KNOW. ACCORDING TO MY NOTES, THEY MAY HAVE BEEN DIFFERENT BECAUSE I CALLED ONE BLOND SLASH WHITE. SO THAT HAIR MAY HAVE BEEN LIGHTER IN COLOR.
MR. FELDMAN: YOUR HONOR, I’M CONCERNED ABOUT BORING, AS YOUR HONOR PUT IT LAST WEEK. MAYBE THIS WOULD BE AN APPROPRIATE TIME TO RECESS.
THE COURT: JUDGING FROM THE EYELIDS IN THE GROUP OVER HERE, IT LOOKS LIKE THEY NEED A STRETCH BREAK. I THINK WE WOULD ALL CONCUR.
ALL RIGHT. LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS NOR FORM OR EXPRESS ANY OPINION ON THE MATTER UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
(TO THE AUDIENCE): WE’RE NOT IN RECESS YET.
ALL RIGHT. LADIES AND GENTLEMEN, I’LL GIVE YOU A LITTLE EXTRA TIME THIS TIME TO STRETCH YOUR LEGS. LET’S BE BACK AT 3:00 O’CLOCK. OKAY. 3:00 O’CLOCK.
(RECESS, 2:42 O’CLOCK, P.M., TO 3:00 O’CLOCK, P.M.)
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